Terms and Conditions

 This Terms and Services Agreement (the "Agreement") is made and entered into on December 13, 2024, by and between Off MY Rack LLC, a limited liability company organized under the laws of the United States (hereinafter referred to as "Off MY Rack," "us," "we," or "our"), and you (hereinafter referred to as "you" or "User"). This Agreement governs your use of the Off MY Rack website (the "Website"). By using the Website, you agree to be bound by the terms and conditions set forth below.

1. Use of the Website. Off MY Rack provides the Website for your personal and non-commercial use only. You may not use the Website for any illegal or unauthorized purpose. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website.

2. Key Customer Terms. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method. All Off My Rack transactions are in U.S. dollars.

3. Return & Refund Policy. See Refund & Return Policy page.

4. Retention of Rights to Change Offering. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

5. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use by any authority.

6. Intellectual Property. All content and materials on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Off MY Rack LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Off MY Rack LLC and protected by U.S. and international copyright laws. All software used on the Website is the property of Off MY Rack LLC or its software suppliers and protected by United States and international copyright laws.

7. Copyright & Trademark Disclaimer. Although we are selling luxury items, we are NOT authorized resellers of any of the brands we are selling. Off MY Rack LLC is not affiliated or associated with any of the brands featured on our website. All copyright and trademarks are reserved to the respective brand owners. 

8. Disclaimer of Warranties. The Website and its contents are provided on an "as is" and "as available" basis. Off MY Rack makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk. To the full extent permissible by applicable law, Off MY Rack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Off MY Rack does not warrant that the Website, its servers, or email sent from Off MY Rack are free of viruses or other harmful components. Off MY Rack will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

9. Right to Suspend or Cancel User Agreement. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

10. Limitation of Liability. Off MY Rack shall not be liable for any damages whatsoever, and in particular Off MY Rack shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Off MY Rack has been advised of the possibility of such damages.

11. Indemnification. You agree to indemnify and hold Off MY Rack and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of this Agreement, or your violation of any rights of another.

12. Right to Change & Modify Terms. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

13. Promotional Emails & Content. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. See Privacy Policy page.

14. Third-Party Websites. The Website may contain links to other websites that are not under the control of Off MY Rack.